CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
process,
or if births
are
not
registered
by the
authorities
of the country
of birth. Those
at risk of
statelessness in the Horn of Africa include both refugees hosted by the region (whether from other
countries included in this study, or other neighbouring states, or further afield); and refugees from the
region in neighbouring countries, of which the largest groups are in Kenya, South Sudan, Sudan, and
Uganda.
Some populations have been displaced back and forward across borders many times.
The great majority of refugees in Africa cannot obtain the nationality of the country where they have now
established their lives and families; naturalisations of refugees and former refugees are very rare in the
region, even if the law permits naturalisation on the same or similar terms as other foreigners.
Among
the exceptions are several hundred Somalis of Bantu origin (the Zigua) who fled to Tanzania (their
ancestral home) after the collapse of the Somali state and to whom there was an outreach programme;
but not even all the Bantu Somalis resident in Tanzania accessed this process, which is now closed.?°°
So long as a person is recognised as a refugee, and able to access services and exercise rights using
a refugee registration document, it may not be urgent to resolve nationality status. However, the question
of nationality becomes
urgent if refugee status
is ceased
or revoked.
Although
a refugee document
issued by another country showing a person’s country of origin is usually accepted as the basis for a
person to re-establish nationality in the country of origin if and when
circumstances” clause of the UN
return is possible, or the “ceased
Refugee Convention is invoked, this is not always the case.?3! There
are also many refugees who have never enjoyed formal recognition of nationality in the state of previous
residence.
They,
and
especially
their
children
born
in
a
different
country,
are
at
great
risk
of
statelessness. Among those in this group are, for example, people of mixed Eritrean-Ethiopian heritage,
who
have sought refuge in neighbouring countries without formally being registered as refugees
(see
also below, Ethiopians of Eritrean descent).
The children of long-term refugees born in exile are at particular risk of statelessness, even if births are
registered. In Ethiopia, for example, a birth certificate records the nationality of the child.2°*
In the case
of children of parents of mixed nationality or of refugees or other foreigners, the parents declare what
nationality should be recorded for the child, without reference to the relevant nationality law(s). If the
parents
blank.235_
cannot
agree
(because
they
are
of different
nationalities),
the
nationality field
may
be
left
In the case of children of one refugee parent and one parent who is a national, however, the
civil status
230 Bronwen Manby,
officer has
authority to record
Ethiopian
nationality.
Refugee
registration
often
brings
‘Citizenship and Statelessness in the East African Community’ (Geneva: UNHCR, November 2018), p.66,
https://data2.unhcr.org/en/documents/download/66807, Bronwen Manby,
‘Citizenship and Statelessness in the Member States of the Southern African
Development Community’ (Geneva: UNHCR, 2020), pp.77-78 https://www.refworld.org/docid/6012a0d44.html.
231 in West Africa, when the “ceased circumstances” clause was invoked in relation to Sierra Leone and Liberia, UNHCR signed tripartite agreements with the
countries of asylum and origin for the voluntary repatriation of the refugees. More than one thousand former Liberian refugees registered with UNHCR
were
not accepted as Liberian nationals during vetting processes by the Liberian authorities conducted as part of this process. See discussion in Bronwen Manby,
‘Migration, Nationality and Statelessness in West Africa’ (Geneva: UNHCR and IOM, 2015), https://www.unhcr.org/ecowas2015/Nationality-Migration-andStatelessness-in-West-Africa-REPORT-EN.
pdf.
232 Section 24 of Proclamation No. 760/2012 provides rather for the nationality of the parents to be recorded; however the previous practice appears to be
continued, where the nationality of the child is recorded. See also Birth Registration: A Comparative Report, DLA Piper / UNICEF, May 2016, available at
http://citizenshiprightsafrica.org/birth-registration-a-comparative-report-prepared-for-unicef-2/.
233 interview, statelessness focal point, INVEA, 8 February 2021.
54
UNHCR
— December 2021